Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57110 of 2024 Arising Out of PS. Case No.-173 Year-2015 Thana- GOVINDGANJ District- East Champaran ====================================================== Gita Devi, Wife of Harendra Raut, R/O Vill.- Sareya Khas, P.S.- Govindganj, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Govindganj (Areraj) P.S. Case No. 173 of 2015 instituted under Sections 147, 149, 188, 341, 342, 353, 307, 332, 333 & 427 of the Indian Penal Code, Section 9 of the Loudspeaker Act and Section 3 of the Prevention of damage to Public Property Act.

3. As per the prosecution case, the informant who is the Circle Officer at Areraj stated in his written report that on 16.06.2015 when he was working in his office, 30-40 antisocial elements started raising slogan against the Administration and forcibly entered into the Office and started using filthy

Patna High Court CR. MISC. No.57110 of 2024(3) dt.25-09-2024 2/3 languages and destructing articles, torn official papers and when the Police arrived at the Office, some of them fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the disclosure statement of the apprehended co-accused persons. He further submits that the petitioner is an old lady aged about 65 years having no criminal antecedent. Learned counsel also submits that the petitioner was not present at the place of occurrence and only due to being the Ward Member, her name has been implicated in this case. The petitioner undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-5, Motihari, East Champaran, / Concerned Trial Court in connection with Govindganj (Areraj) P.S. Case No. 173 of 2015, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.57110 of 2024(3) dt.25-09-2024 3/3 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T